Johnson v. Peterson
South Dakota Supreme Court
Appeal from Circuit Court, Pennington Count}''. PI011. Levi McGee, Judge. Action by Elmer G. Johnson against Ole Peterson.; defendant counterclaiming. From a judgment for defendant on a counterclaim, plaintiff appeals. Appellant cited: S'imps-on v. .Jennings, 19 N. W. 473; Strauss v. Ins. Co., Ohio St. 59; 23 Cyc. 753-4, 1483; Arnold v. Johnson, 28 Howard Pr: 249; Lewis v. Sheaman, 28 Ind. 427; Am. Dig. Cent. Ed. Vol 18 “Set-off,” Sec. 52; 22 Am. & Eng.
Read the full summary
Appeal from Circuit Court, Pennington Count}''. PI011. Levi McGee, Judge. Action by Elmer G. Johnson against Ole Peterson.; defendant counterclaiming. From a judgment for defendant on a counterclaim, plaintiff appeals. Appellant cited: S'imps-on v. .Jennings, 19 N. W. 473; Strauss v. Ins. Co., Ohio St. 59; 23 Cyc. 753-4, 1483; Arnold v. Johnson, 28 Howard Pr: 249; Lewis v. Sheaman, 28 Ind. 427; Am. Dig. Cent. Ed. Vol 18 “Set-off,” Sec. 52; 22 Am. & Eng. Enc. 457; Jones v. Chalfant, 55 Cal. 505; 43 Cent. Dig. 3270; Gilman v. Van Slyck, 7 Cowan 469.
1Opinion of the CourtWhiting, J.
Plaintiff brought this action to recover upon *219a promissory note. Defendant pleaded, as a counterclaim, a judgment against the -plaintiff which he alleged had been assigned to him. The facts' in relation to this counterclaim were stipulated by the parties. The cause was tried before the court without a jury; the court made findings in favor of the plaintiff so far as plaintiffs cause of action was concerned, but found for the defendant upon the counterclaim. From the judgment entered upon such findings and from an order denying a motion for a new trial, plaintiff has appealed, and he assigns…
2Cases cited3 opinions
- Olmstead v. ScuttSupreme Court of Connecticut · 1887
- Gump v. GoodwinSupreme Court of Pennsylvania · 1896
- Sprigg v. GrannemanAppellate Court of Illinois · 1890